Tag: Department of Homeland Security

Congress, Constitutional Law, Courts, Free Speech, Justice, Lawyering, Politics, Society, Supreme Court

Internet Kill Switch Plan is Killed…For Now.

200px-US_Department_of_Homeland_Security_Seal_svg

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

The Electronic Privacy Information Center recently won the first round of a court action asking that the Department of Homeland Security be required to disclose its plans to pull the plug on regional or national mobile telephone and internet communication systems pursuant to its Standard Operating Procedure 303.

“In the classicly-rendered case, DHS has argued that shutting down entire communication networks might be necessary in order to prevent the detonation of radio-controlled bomb or explosive device.

However, siding with the Electronic Privacy Information Center (EPIC), which brought a suit demanding more transparency for the DHS program known as “Standard Operating Procedure 303” (or SOP303), the federal judge at the US District Court for the District of Columbia ruled that because the release of the protocol could not reasonably be seen as harming law enforcement “investigative techniques or prosecutions” it’s cited reasons for keeping the details of the program secret did not hold up.” Common Dreams

The so-called SOP 303 could allow DHS to cut-off all internet and mobile phone communications at a regional level or a national level if it determined that there was a national security concern.  We have already seen this government tactic used in Oakland in 2011 and that alleged over reach by the Bay Area Rapid Transit authorities may be the reason for EPIC’s lawsuit.  Continue reading “Internet Kill Switch Plan is Killed…For Now.” →

Constitutional Law, Free Speech, International, Justice, Media, Science, Society, Uncategorized

Encryption and the Spymasters: Is Privacy Dead?

Submitted by Charlton Stanley (aka Otteray Scribe) Guest Blogger

ImageImageFirst there was WikiLeaks, then there was Edward Snowden. The drip, drip, drip of information about secretive spy agencies continues. There have been bombshell revelations about the extent to which government agencies like the FBI, CIA, NSA and others are invading our most private communications. Of course, spies do what spies do, and that is to spy on whoever or whatever they can get away with. Few people understood the implications of PRISM when news of the program was leaked. Additionally, I suspect that despite revelations of its existence, the full extent of its capability and reach will never be known by the public.

The NSA reportedly paid tech companies millions of dollars to cover the cost of compliance with their “requests” for back-door access to the software package.

Another program to keep in mind is the FBI Stingray operation that sucks up wireless telephone communications. Last May, in the first litigation where the government admitted having Stingray, Arizona Federal District Judge David Campbell dismissed a motion to suppress.  Judge Campbell is a George W. Bush appointee. PDF of his ruling is here.  Last July, the ACLU filed a Freedom of Information Act lawsuit in the Northern District of California, in an effort to learn more about Stingray, and if it is scooping up domestic phone calls.
Continue reading “Encryption and the Spymasters: Is Privacy Dead?” →